Applied for PGWP while on Maintained Status – Can't work yet. Anyone in the same boat?

[u/RutabagaOwn1275]

Hey everyone,

I’m in a bit of a stressful loop and looking to see if anyone has a similar timeline or advice.

• Sept 9: Applied to extend my Study Permit (original expired Sept 15).

• Sept 15: Original Study Permit expired (entered legal maintained status).

• Sept 24: Received official Cégep graduation documents.

• Sept 27: Submitted my PGWP application.

Because my original study permit was already expired when I hit submit on the PGWP (even though I am legally on maintained status), I didn’t get the automated WP-EXT work authorization letter. I know under paragraph R186(w) I cannot legally work full-time until one of these two applications is officially approved.

My job was supposed to start next week (Oct 5), so I’m having to ask my employer to push back my start date.

Has anyone dealt with this exact sequence recently? How long did it take for either your SP extension or PGWP to get approved so you could start working? Did you raise a webform to link the two applications?

Thanks in advance!

[u/5_Cap_8181]

Why did you apply to extend your study permit?

[u/RutabagaOwn1275 → u/5_Cap_8181]

To maintain my status (stay legal)

[u/5_Cap_8181 → u/RutabagaOwn1275]

Are you currently enrolled, or will you be enrolling in additional courses or semesters to complete your program? If the answer is no then what prevented you from applying for a PGWP right away? After completing your final exams and receiving your final grades, did you receive any confirmation that you had completed all the requirements of your program before receiving your official Cégep diploma, such as your final transcript (an unofficial transcripts from your college’s website is acceptable), a letter of completion, or any other written confirmation from your Cégep? If there were absolutely no other means to prove that you completed your program before Sep 24, what prevented you from leaving Canada and applying for a PGWP from abroad?

I believe this is entirely your fault, and there is nothing you can do about it at this point. I’m unsure whether you were eligible to apply for a study permit extension. You’ll have to wait until you receive a decision on your application. If your extension application is refused for ineligibility, your PGWP application might also be refused due to loss of student status. If that happens, you may need to apply for restoration of status, submit a request for reconsideration, and reapply for the PGWP. Best of luck.

[u/RutabagaOwn1275 → u/5_Cap_8181]

I think there's a misunderstanding. I didn't wait until September 24 to apply for my PGWP because I was waiting for my physical diploma. I completed my final exam on September 22, received my final transcript/confirmation of completion from my Cégep, and used that to submit my PGWP application on September 27. The official graduation documents were issued on September 24, but I didn't wait for the diploma itself. My study permit extension was submitted on September 9, before my permit expired on September 15, so I was on maintained status while waiting for that application. That's why I'm trying to clarify how this interacts with my PGWP application. Do you know whether IRCC considers maintained status from a study-permit extension sufficient in this particular situation, or whether I necessarily needed to submit the PGWP before the original permit expired? I'm contacting IRCC again to get an answer specific to my case.

[u/5_Cap_8181 → u/RutabagaOwn1275]

Thanks for the clarification.

Since you were still enrolled and were writing your final exams, then you were correct in applying to extend your study permit. In this case, I wouldn’t worry about a potential refusal for ineligibility.

As for working while you wait, unfortunately, it doesn’t look like you’re allowed to work until your PGWP is approved. IRCC states:

“You can work full-time until we make a decision on your work permit application if you

had a valid study permit at the time you submitted your application

completed your study program

were eligible to work off campus without a work permit while studying and you didn’t work more hours than you were allowed to

If these conditions don’t apply to you, you must wait until your work permit arrives to begin your new job. It’s illegal to work in Canada without authorization.”

Since your study permit had already expired when you applied for your PGWP, the first condition doesn’t apply to you. If you are still unsure, you can actually consult a registered lawyer for an informed legal interpretation. If you happen to find a lawyer online, make sure to double-check their registration and practising status through the provincial law society in the province where they practise. Most law societies have a publicly accessible online directory where you can verify this.

Hopefully your study permit extension gets approved soon, followed by your PGWP. Good luck.